Simple Possession of a Controlled Substance Lawyer in Salem County, NJ
Simple possession of a controlled substance in Salem County is a serious offense under N.J.S.A. 2C:35-10. A conviction can lead to jail time, fines, and a permanent criminal record. Law Offices Of SRIS, P.C. provides a strong defense for those facing these charges. We focus on protecting your rights and future. Call us for a consultation.
Last verified: April 2026 | Superior Court of NJ, Salem Vicinage | New Jersey Legislature
Understanding Simple Possession Charges in New Jersey
In New Jersey, the crime of simple possession is defined by statute N.J.S.A. 2C:35-10. It involves knowingly or purposely obtaining or possessing a controlled dangerous substance (CDS) without a valid prescription. The severity of the charge and potential penalties depend heavily on the type and amount of the substance involved. A conviction is not just a legal penalty; it creates a criminal record that can affect employment, housing, and educational opportunities for years.
The firm was founded in 1997 by former prosecutor Mr. Sris. Our team uses this experience to build effective defenses for clients in Salem County.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:35-10 (New Jersey Legislature). For local court procedures and information, visit the Salem Vicinage website.
Local Defense Strategy for Salem County
Defending a simple possession charge in Salem County requires an understanding of local court procedures and prosecution tendencies. The Salem Vicinage Superior Court handles these cases. Early intervention by a drug possession defense lawyer Salem County residents trust is critical. We examine the details of the stop, search, and seizure. Was there probable cause? Were your rights protected? These questions form the basis of a strong defense.
- Case Review: We immediately obtain all police reports, lab analyses, and discovery to assess the strength of the prosecution’s case.
- Motion Filing: If constitutional rights were violated during the stop or search, we file motions to suppress evidence, which can lead to charge dismissal.
- Negotiation: We engage with the prosecutor to seek a reduction in charges or admission into a diversion program like PTI, avoiding a conviction.
- Trial Preparation: If a favorable settlement isn’t possible, we prepare a vigorous defense for trial, challenging the evidence and witness testimony.
Potential Penalties for Simple Possession in NJ
In Salem County, simple possession of most controlled dangerous substances is a disorderly persons offense, carrying up to 6 months in jail and a $1,000 fine, but penalties escalate for specific drugs or amounts.
| Substance Type | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Marijuana (Under 50g) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible 6-24 month suspension | Drug offender fines, mandatory fees |
| Hashish (Under 5g) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible 6-24 month suspension | Drug offender fines, mandatory fees |
| Cocaine, Heroin, etc. | 3rd Degree Crime | 3-5 years | Up to $35,000 | 6-24 month suspension | Mandatory minimum parole ineligibility possible |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Founded in 1997, our firm is built on the principle of “Advocacy Without Borders.” We have a documented record of achieving favorable outcomes for clients across multiple states. Our approach is direct and focused on the specific details of your situation in Salem County.
Our Approach to Drug Possession Cases
We begin every case with a thorough investigation. For a personal use defense lawyer Salem County clients can rely on, we scrutinize the arrest circumstances. Was the search legal? Was the substance actually in your possession? Could it have been for personal use, affecting potential defenses and negotiations? We explore all avenues, from challenging the evidence to advocating for alternative resolutions like PTI, which can result in dismissal after successful completion.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Salem County Drug Possession Lawyers
Our New Jersey location serves clients in Salem County and is accessible via I-295 and Route 45. We are a simple possession of a controlled substance lawyer Salem County residents trust for strong defense near the Salem County Courthouse and surrounding areas like Pennsville and Carneys Point.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Frequently Asked Questions
Is simple possession a felony in New Jersey?
It depends. Possession of marijuana under 50 grams is a disorderly persons offense (similar to a misdemeanor). Possession of drugs like cocaine or heroin is a third-degree indictable crime (felony), punishable by 3-5 years in state prison.
Can I get a simple possession charge expunged in NJ?
Yes, but waiting periods apply. A disorderly persons offense like minor marijuana possession typically requires a 5-year wait after completion of your sentence. Indictable crimes (felonies) generally have a 6-year wait. Eligibility depends on your complete criminal history.
What is the personal use defense in New Jersey?
New Jersey law distinguishes between possession for personal use and possession with intent to distribute. A personal use defense lawyer Salem County relies on can argue the amount and circumstances indicate the drugs were for your own use, not sale, which often leads to lesser charges and eligibility for diversion programs like PTI.
What is Pre-Trial Intervention (PTI)?
PTI is a diversion program for first-time offenders. If accepted and you complete the program’s requirements (like community service or counseling), the criminal charges against you are dismissed. A skilled drug possession defense lawyer Salem County courts recognize can advocate strongly for your admission into PTI.
Will I go to jail for a first-time simple possession charge?
Not necessarily. For a first-time disorderly persons possession charge, jail is often avoidable, especially with an attorney who can negotiate for probation, fines, or PTI. However, for indictable crimes, the risk of incarceration is significant without an experienced defense.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.